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Bible Study Divorce/ Old and New Testaments

Deborah13

Member
I started this thread as a more detailed study of what the Bible says about divorce. It came about because of this verse in Deuteronomy 24. Please read it carefully and then consider a few points I will make about what it says and doesn't say.
I have not come to these conclusions totally on my own and I would encourage everyone to do their own investigation as any good Berean would.

"and if she goes and becomes another man's wife, and the latter man hates her and writes her a certificate of divorce and puts it in her hand and sends her out of his house, or if the latter man dies, who took her to be his wife, then her former husband, who sent her away, may not take her again to be his wife, after she has been defiled, for that is an abomination before the Lord.

Clearly this is not talking about a woman who committed adultery against her first husband, she would not have been alive to marry again, she would have been stoned. So for some reason she was no longer in her first husband's favor and he had 'put her away', given her a Writ of Divorce.

This word translated as 'defiled' in the Hebrew is a verb, it is not describing her as an adjective would.
H2930 = tame - sexually, religiously, or ceremonially unclean (against the law)

In other words, no longer legal for the ex-husband to be married to his previous wife.

When a Jewish woman who was 'put away' then and now, she is legally free to remarry with nothing held against her and any Jewish man is free to marry her without doing anything illegal under the law.

In this verse the new couple was legally married has the verse says. There was no law against their marriage and there was no law that said if her new husband were to die or divorce her that she could not marry again to another one of God's children, a Hebrew man. Just Not to the one who divorced her whether that was one man or two.
If the new couple were doing something that defiled them, it was illegal, it would have been adultery and they would have been stoned.

Where has God ever made a law that left a person unclean when they were obeying the law? Never. So when we read something that appears to be saying this we need to dig deeper for a better understanding.
 
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Quote from Bible Study Tools site.
"It is probable that a divorced wife who had not contracted a second marriage or had been guilty of adultery might be reunited to her husband. But in case she had married the second time she was forever barred from returning to her first husband, even if the second husband had divorced her or had died (Deuteronomy 24:3). Such a law would serve as an obstacle to hasty divorces. Divorces from the earliest times were common among the Hebrews. All rabbis agree that a separation, though not desirable, was quite lawful. The only source of dispute among them was as to what constituted a valid reason or just cause."
http://www.biblestudytools.com/encyclopedias/isbe/divorce-in-the-old-testament.html

More on the meaning of unclean in the OT.
So if the word unclean in the law means that something is unclean itself, then most Christians are eating literally unclean foods. But that is not what it means, it means that it is against the law.
That explains why God would say things like "it is unclean for you" when He was speaking to the Hebrew people. Were those foods unclean for others? No. It wasn't the food itself that was unclean. But that it was illegal under Moses' Law.
If the food itself were unclean certainly it would be unclean for the NT church as well and we would not be told we can eat it.
 
adam Clarke? I would like to see the Hebrew word. the sage shimei is whom jesus sided with as that is what that sage said.only for adultery and fornication was divorced to be allowed. the rabbis had to decide what was the reason to allow the divorce.
 
adam Clarke? I would like to see the Hebrew word. the sage shimei is whom jesus sided with as that is what that sage said.only for adultery and fornication was divorced to be allowed. the rabbis had to decide what was the reason to allow the divorce.

I agree with you and this is shown clearly by Jesus in His discussion with the Pharisees who were of two different thoughts. But in the OT we know as Jesus said, it was allowed for other reasons
because of the hardness of the men's hearts towards the wife of their youth.
Which brings into play other laws.
In Exodus 21 ESV
“When a man sells his daughter as a slave, she shall not go out as the male slaves do. 8 If she does not please her master, who has designated her for himself, then he shall let her be redeemed. He shall have no right to sell her to a foreign people, since he has broken faith with her. 9 If he designates her for his son, he shall deal with her as with a daughter.
10 If he takes another wife to himself, he shall not diminish her food, her clothing, or her marital rights. 11 And if he does not do these three things for her, she shall go out for nothing [free], without payment of money.

Adam Clarke defines these three things as..
These three -
1. Her food, שארה sheerah, her flesh, for she must not, like a common slave, be fed merely on vegetables.
2. Her raiment - her private wardrobe, with all occasional necessary additions. And,
3. The marriage debt - a due proportion of the husband's time and company.
http://biblehub.com/commentaries/clarke/exodus/21.htm

So if a man does not favor a Hebrew woman whom he has bought from her father and he has betrothed, married her, he can let her be redeemed or sold to another Hebrew. But first he would have to divorce her in order to remove her bondage to him to set her free.
If he kept her but deprived her of one or all of these three things, he would have to allow her to go free without being redeemed by someone else. In this case he would still have to divorce her so she would be no longer in bondage to him, she would be free.

There is another one that was touched on in our Deut. study that I did not comment on. I'll write another post for it.
 
It's very simple in this New Covenant.

Jesus effectively put the Jewish argument about when to divorce to rest. Jesus said divorce is only allowed in the case of adultery. And if you do divorce for any other reason you are not free to remarry. I can't think of any reason this same simple rule would not apply to a second marriage.
 
It's very simple in this New Covenant.

Jesus effectively put the Jewish argument about when to divorce to rest. Jesus said divorce is only allowed in the case of adultery. And if you do divorce for any other reason you are not free to remarry. I can't think of any reason this same simple rule would not apply to a second marriage.

I did not start this thread to discuss the reasons why a person is allowed to divorce. But to look at the OT and NT commandments that speak of these issues on an individual bases.
In the OT there were a lot of behaviors and actions that were connected to the different laws. My hope is that we will find that God's laws were never intended to be discriminatory against woman or men, as it has been represented in the past.
 
I did not start this thread to discuss the reasons why a person is allowed to divorce. But to look at the OT and NT commandments that speak of these issues on an individual bases.
In the OT there were a lot of behaviors and actions that were connected to the different laws. My hope is that we will find that God's laws were never intended to be discriminatory against woman or men, as it has been represented in the past.
I'm a pragmatist. It's a moot discussion to me since this particular counsel of Moses was for first covenant people. It has no application to New Covenant saints, so I'm out.
 
Okay Deborah, you asked for it so you got it. :)

I will attempt to contribute some useful notes that I took in a theology class on Christianity and Morality on contemporary issues like homosexuality, euthanasia, abortion, and marriage, divorce & remarriage taught by Dr. Graham Cole which really helped me think through these issues and what the Scripture says in a thorough manner. I will relate some of my notes on marriage, divorce, and remarriage here. To understand any grounds for divorce you must naturally understand marriage first, so I will start with my notes there.

Marriage as Creation Ordinance:

Marriage is a creation ordinance in Scripture, meaning it was from the very beginning and not some later social/cultural ordinance. Marriage is creation good, though singleness has its own vocation.

Interestingly, if two people were married while both were unbelievers and one of them eventually believes while the other does not, the marriage may still yet be fantastic because it is a creation ordinance and an institution made by God which He blesses. Consult Paul's words on the believing spouse not leaving the unbelieving one also.

In the words of a contemporary voice wanting to redefine marriage Gary Bouma (Manash University) said: "The old definition of marriage no longer applies. It is no longer about procreation, but is about companionship". A redefining of marriage has extended to homosexuality, polygamy, and polyamority (marriage pairs).

The traditional Western view on marriage has been of one flesh union between male and female, but in contractual terms and not covenantal terms.

For Jesus two "becoming one flesh" is a foundational doctrine. Dr. Cole says this is called a "control belief" on which you base other beliefs. The term "control belief" was coined by Nicholas Wolterstorff.

Views on sex: "To Corinthianize" in the ancient world meant to commit sexual immorality. Paul says prostitution, paying money for sex, is wrong. Sex outside of the institution of marriage is likewise wrong.

Marriage as Covenant:

The Bible depicts marriage as a covenant relationship.

Proverbs 2:16-17 (NKJV):

"To deliver you from the immoral woman,
From the seductress who flatters with her words,
Who forsakes the companion of her youth,
And forgets the covenant of her God."


Malachi 2:14 (NKJV):

"Yet you say, “For what reason?”
Because the Lord has been witness
Between you and the wife of your youth,
With whom you have dealt treacherously;
Yet she is your companion
And your wife by covenant."


Covenants are usually public affairs.

Dr Cole's Outline for marriage talking points:

A. Marriage in Biblical Perspective
  • Heterosexual gender is a divine creation
  • Heterosexual marriage is a divine institution
  • Heterosexual fidelity is the divine intention
  • Biblical marriage involves a public acknowledgement
  • Biblical marriage involves a permanent sealing
  • Biblical marriage involves a physical consummation [my note: this becomes important later as a possible ground for separation if not divorce in the OT]

Divorce:

The Latin divortium is behind "divorce" and means separation.

Three possibilities/views on divorce:
  • No divorce, only separation (of bed and board)
  • Divorce but no remarriage (possibly further: until the ex-spouse dies)
  • Divorce and Remarriage
On the grounds of adultery Jesus permits divorce.

Deuteronomy 24 reveals divine permission for divorce but not divine intention. They are realities in a fallen world. Divorce & remarriage were simply a social reality in ancient Israel, even in their wilderness wanderings before settling in the promised land, and were not just "theoretical situations" to be addressed by the law.

Note on the translation in Deuteronomy 24:1 where it says "it happens that she finds no favor in his eyes": the words "finds no favor" is a difficult translation attempt for a rather puzzling phrase in the Hebrew that literally reads "a thing of nakedness". Its meaning and connotations are not entirely clear.

Dr. Cole then points out another Hebrew scripture which he says hardly any scholars ever discuss in relation to divorce and remarriage: Exodus 21:7-11.

“And if a man sells his daughter to be a female slave, she shall not go out as the male slaves do. 8 If she does not please her master, who has betrothed her to himself, then he shall let her be redeemed. He shall have no right to sell her to a foreign people, since he has dealt deceitfully with her. 9 And if he has betrothed her to his son, he shall deal with her according to the custom of daughters. 10 If he takes another wife, he shall not diminish her food, her clothing, and her marriage rights. 11 And if he does not do these three for her, then she shall go out free, without paying money."

This scripture here depicts three rights of a slave bride. Dr. Cole says "marital (marriage) rights" = sexual relations. Thus if the man takes a second wife but keeps his slave wife he is bound to still provide her with food and clothing (he cannot abuse her by denying her livelihood - since women were not the bread winners back then) and to provide her with occasional marital sexual intercourse. The Bible suggests that if any three of these are violated "she shall go out free" and be divorced from him.

Dr. Cole says of the social situation described here, that if a female is sold as a female slave because of debt, and the master marries her she is actually liable to become the mistress of the whole home, with sons and daughters and a rightful inheritance. Although such a relationship may have originated as indentured servitude (and as such the law of indentured servants eventually being released, under normal circumstances, applies) initially in order to pay off a temporal debt, they may yet get married and genuine love may ensue. It is just a different path to legitimate marriage. This scripture is to clarify that a bride married in such a way is to in no way be treated less favorably than any other wife in a marriage.

Question: Is God so against divorce that he would never sanction it?

No, He is not. God himself divorced Israel (Jeremiah 3:6-10) , so He cannot be wholly against the very idea of divorce!

Big question: What does Malachi 2:16 really say?

Dr. Cole shocked most of the class by saying that the Bible does not actually have the reading of God saying "I hate divorce", and by that he meant that a well-attested alternate reading is adopted in certain Bible translations.

Firstly, Dr. Cole says that the Hebrew in the Masoretic text is very difficult here in Malachi 2:16. As an example of the different English translations of that verse the KJV reads "he hates putting away" , the NASB "I hate divorce", and the ESV "The man who hates his wife and divorces her". The KJV correctly has the third person "he" instead of the personal pronoun "I" as in the NASB. But a majority reading in almost all other readings of that verse outside of the Masoretic Hebrew Text (a later Hebrew text) read differently. The ESV picks up on an earlier reading of "he hates and divorces" and expands on it for translational clarity. This is the same essential phrase used in Deuteronomy 24:3 "and the latter man hath hated her, and written for her a writing of divorce" (Young's Literal Translation), and the terminology of hating the wife used in Deuteronomy 22:13, 16.

Differing with the Masortetic Text's reading, the Greek Septuagint (LXX), Dead Sea Scrolls (earlier Hebrew texts), and the Targums all make it plain that it is talking about if the man hates his wife and divorces her on that ground alone he "covers his garment with violence" (is throwing her out of home and livelihood on no justifiable grounds - thus "violence"). The man thus would be divorcing only on grounds of hate or feeling, which God says is covering his garment with violence (thus is wrongdoing). So the emphasis on what God is saying is shifted in that reading. The Brenton translation of the Greek Septuagint (LXX) of that passage seems to show that: "But if thou shouldest hate thy wife and put her away, saith the Lord God of Israel, then ungodliness shall cover thy thoughts, saith the Lord Almighty: therefore take ye heed to your spirit, and forsake them not." The NIV and ESV translation take their queue from the LXX, Dead Sea Scrolls, and other versions and render similar to Brenton's translation. The Latin Vulgate also agrees with the LXX on Malachi 2:16. The Jewish Babylonian Talmud has the same reading too.

So Malachi may not be such a solid proof text for saying that God hates and will not tolerate divorce. Rather the emphasis seems to be on the injustice of a man hating and divorcing his wife on those grounds alone, which is like violence (tossing her out of livelihood in a society that stigmatizes divorce thus decreasing her chances of ever being married again - which was a matter of life and death in the ancient world - a lone woman with difficulty could provide for herself - thus it is conceived of as 'violence' to her to do so).

Dr. Cole said that some scholars believe that Malachi 2:16 meaning that God hates divorce would not make sense in light of God's permissiveness of divorce in Deuteronomy 24 and Jeremiah 3:6-10 where even God divorces his people (which is not to say He loves it).

I also note that Nehemiah commanded, by God, the people who had married foreign wives to divorce them - and they obeyed.

[continued]
 
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God's Intentions

Dr. Cole says God's divine intention was not that his people divorce, but that they remain one.

[Note: This mostly ends my Old Testament portion of the notes. I have an almost as long section on the New Testament which I may post if requested]

Remarriage

[Most of the arguments for this are in my New Testament notes]

On remarriage after divorce Dr. Cole does not think that God or Jesus discourages remarriage.

Wayne Grudem says that the Bible permits but does not require divorce on the grounds of infidelity, and those who do on the latter grounds may remarry. It is still to be emphasized that infidelity does not require divorce or separation - forgiveness is possible. Hosea was even told to remain faithful despite his wife's infidelity.

An overall methodology consideration: G. Campbell Morgan said, "Never say 'it is written'. Say 'It is written, and again it is written, etc.'" So don't use incomplete induction from a single passage but rather consult all Scripture.

God bless,
~Josh
 
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Sorry if this doesn't specifically address the question in the OP on the passage you focus on Deborah13 , but this is a broader consideration of what the OT (so far) says on divorce as a general topic. When I have time I will try to come back and address your questions in the OP about defilement. I would welcome your thoughts though on my notes in the mean time.
 
I'm a pragmatist. It's a moot discussion to me since this particular counsel of Moses was for first covenant people. It has no application to New Covenant saints, so I'm out.
Jethro Bodine I hope that my notes on the OT will help communicate the relevancy of the OT on God's never-changing views on marriage and divorce for today. God didn't change his mind between the Old and New covenants about what marriage was and the grounds for divorce, though He made provision for divorce in a hard-hearted culture.
 
Sorry if this doesn't specifically address the question in the OP on the passage you focus on Deborah13 , but this is a broader consideration of what the OT (so far) says on divorce as a general topic. When I have time I will try to come back and address your questions in the OP about defilement. I would welcome your thoughts though on my notes in the mean time.

Thanks Josh, your post will be helpful in this study. I will say that much of what I have studied on the OT some time ago was brought up in your post. I had forgotten about Malachi. When I studied that a friend of mine had point out about the 'covering his coat with violence' in wrongfully putting away a wife, basically for selfish reasons. They are rebuked for putting away the wife of their youth, implying for a younger woman.
There was only one thing in your post that I saw that I did not agree with and that was Dr. Cole's understanding of the marital rights. I do not and at least some of the other commentary writers such as Adam Clarke who was especially studied in the Hebrew language and customs does not believe this was just talking about sexual rights. Women need love and companionship as well. Presumably, hopefully, there was more to a marriage relationship than just sex. Women are more than breeders and God created us that way. So I think God had in mind a little more.
Looking forward to more posts from you. God Bless
 
Sorry if this doesn't specifically address the question in the OP on the passage you focus on Deborah13 , but this is a broader consideration of what the OT (so far) says on divorce as a general topic. When I have time I will try to come back and address your questions in the OP about defilement. I would welcome your thoughts though on my notes in the mean time.

Oh one more thing. That term 'nakedness' is one that I think needs to be studied out as well. Right now my mind went south but you will know. The father who got drunk and his son uncovered his nakedness and told the brother. Was the father actually naked or was it talking about the fact that the one son had discovered that his father was drunk and maybe even laugh about it to his brother?
This is the term that caused the issue between the two schools of thought about 'just cause' that Jesus straightened out.
 
Jethro Bodine I hope that my notes on the OT will help communicate the relevancy of the OT on God's never-changing views on marriage and divorce for today. God didn't change his mind between the Old and New covenants about what marriage was and the grounds for divorce, though He made provision for divorce in a hard-hearted culture.
I agree. Jesus made it clear that God did not change his mind about divorce from the OT to the NT. It's just that 'the provision for divorce in a hard-hearted culture' that he allowed in the first covenant is irrelevant to this New Covenant. And Deborah has made it clear that the first covenant application is what she wants to talk about and I, as a pragmatist, simply see no value in it except to entertain one's curiosity. The only useful thing I might see in it is what you brought up (which I didn't think anyone would) that God divorced his people, yet they will return to him.
 
I have seven hundred wives and I am divorcing them all' I am getting old it is not like I can't afford them' I just can't take all the gossiping and being fought over anymore.
 
Thanks Josh, your post will be helpful in this study. I will say that much of what I have studied on the OT some time ago was brought up in your post. I had forgotten about Malachi. When I studied that a friend of mine had point out about the 'covering his coat with violence' in wrongfully putting away a wife, basically for selfish reasons. They are rebuked for putting away the wife of their youth, implying for a younger woman.
There was only one thing in your post that I saw that I did not agree with and that was Dr. Cole's understanding of the marital rights. I do not and at least some of the other commentary writers such as Adam Clarke who was especially studied in the Hebrew language and customs does not believe this was just talking about sexual rights. Women need love and companionship as well. Presumably, hopefully, there was more to a marriage relationship than just sex. Women are more than breeders and God created us that way. So I think God had in mind a little more.
Looking forward to more posts from you. God Bless

Hi Deborah.

You know what, I think you are right. I wrote what I had in my notes, but since Dr. Cole also mentions that the woman would become the mistress and matriarch of the whole home, the children, and have a rightful inheritance that he must know that marital rights includes all that. This was a six week condensed version of his much longer class so we moved very quickly and I'm sure somethings got passed over. I will say however that inheritances and also intangible "blessedness" were primarily seen as obtained through how many children one had in the ancient world, which is why Psalm 127:5 says blessed is the man who has his quiver full of them. As far as an actual scenario of spousal neglect in bearing children (though not for lack of trying I think), I think of Rachel's words: "When Rachel saw that she was not bearing Jacob any children, she became jealous of her sister. So she said to Jacob, "Give me children, or I'll die!" (Genesis 30:1). Hannah had a similar plea to bear but one child. Most often that was dealing with barrenness however, which also was a social stigma back then. All things aside though I think you are right.

God bless,
Josh
 
One thing that is often mentioned when talking about divorce and remarriage is what to do in the cases of someone who has been divorced, possibly multiple times, before they are saved. I have thought about that a bit, since I know people in that situation. Maybe this analogy can explain my view on it.

Imagine a man who is not an American and who has never come to America. For the sake of argument, let's suppose he's from Germany. While they are similar, German laws and American laws are not exactly the same. What if this man does something that is legal in Germany, but illegal in the US and some time after that decides to move to America. What do you do about his former "violation"? The answer is simple - nothing. It was legal for him when he did it, so it's not an issue. But after he moves to the US, he has to be careful not to do it again, because it's illegal there.

American laws are for Americans, German laws are for Germans and God's laws are for God's people. If the laws of the land (whatever land that may be) say that divorce is legal for any reason, and an unsaved couple get a divorce, then it's legal for them to do that. If the law allows them to marry someone else and they do, then that's legal also. But what do we do about it if one or both of them decide to "move to" God's Kingdom (i.e. get saved)? The answer is again simple - nothing. It was legal according to the laws of the world when they were in the world, so there was no violation. But once they are no longer in the world but in God's Kingdom, they should follow God's Laws. It is my opinion that when people in that situation get saved, their current marriage should be considered as if it were their first. God has forgiven them of all their sins, including anything that had to do with their previous marriages and divorces. And if He has forgiven them, who are we to hold it against them?

The TOG​
 
Jethro Bodine - In the Deuteronomy thread, you said:

The point I think being that the woman becomes defiled by remarrying, not by simply being divorced. The husband who sends her away does what Jesus says divorce does....it causes the person you divorce to commit adultery. Whether God gave room for that in the first covenant or not, it's still adultery.

That's not exactly what Jesus said.

But I say to you that everyone who divorces his wife, except on the ground of sexual immorality, makes her commit adultery, and whoever marries a divorced woman commits adultery. (Matt. 5:32 ESV)
If there was a valid reason for the divorce, then it isn't adultery if she remarries. And there's nothing that says that the sexual immorality that was the reason for the divorce necessarily has to have been on the part of the woman. A woman was allowed to divorce her husband if he was unfaithful.

And he said to them, “Whoever divorces his wife and marries another commits adultery against her, and if she divorces her husband and marries another, she commits adultery.” (Mark 10:11-12 ESV)
Not also that it's not just the woman who commits adultery if the divorce wasn't valid, but also the man.

Jesus is not making a new law here. He is giving us the correct interpretation of the verses in Deuteronomy. They are still fully applicable to Christians today in the way Christ interpreted them.

The TOG​
 
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